Smith v. Sheehan
Supreme Court of New Hampshire
Bill in Equity, by the executor, for the construction of the will of William Sheehan. The will, after legacies to several of the testator’s children and others, and making a partial provision for the widow, contains a residuary clause as follows: “ Fourth.
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Bill in Equity, by the executor, for the construction of the will of William Sheehan. The will, after legacies to several of the testator’s children and others, and making a partial provision for the widow, contains a residuary clause as follows: “ Fourth. All the rest and residue of my estate I give to said Leland A. Smith in trust, to expend so much thereof as may be iu his opinion necessary for the support of my said wife during her life, and whatever may remain at her decease, I give, bequeath, and devise the same to my legal heirs in the same proportion as if no will had been made; it…
1Opinion of the CourtSmith, J.
Section 3 of the statute of 1789 provided “That any child or children, or their legal representatives, in case of their death, not having a legacy given him or them in the will of their father or mother, shall have a portion of the estate of the testator, assigned unto him, her, or them, as though such parent had died intestate.” Laws, ed. 1815, p. 198. In Merrill v. Sanborn, 2 N. H. 499, decided in 1822, a testator among other descendants left seven grandchildren, the children of a deceased son. In his will he mentioned two of his grandchildren and their father. It was held that the…
2Cited by7 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- In the Matter of JacksonSupreme Court of New Hampshire · 1977
- Boucher v. LizotteSupreme Court of New Hampshire · 1932
- In re Estate of CameSupreme Court of New Hampshire · 1987
- In re Estate of RobbinsSupreme Court of New Hampshire · 2000
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